Medical Malpractice Frequently Ask Questions

When you visit the doctor or go to the hospital, you have the right to expect professional medical care. When a doctor makes a life-changing or life-threatening mistake, you have the right to hold them accountable for their negligence. Many people who suspect they were the victims of medical malpractice have a variety of questions, ranging from “what happened?” to “what should I do now?”

If you or your loved one was the victim of medical malpractice in the District of Columbia, you can find answers to some of the most frequently asked questions (FAQs) about these claims below. Do not hesitate to seek legal representation if you have other questions you need answers to.

The Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates will work tirelessly to help you pursue all of the compensation you need and deserve. You can have our lawyers provide a complete evaluation of your case as soon as you call us or complete an online contact form to set up a free consultation.

Medical Malpractice Frequently Asked Questions

Medical malpractice claims focus on whether a healthcare provider failed to meet the applicable standard of care and whether that failure caused harm. In Washington, D.C., these cases also involve specific filing requirements, including advance notice before suit. The FAQs below explain the claim process, deadlines, evidence, fees, damages, and common types of medical errors.

What Is a Medical Malpractice Claim?

A medical malpractice claim alleges that a healthcare provider departed from the applicable standard of care and caused a patient’s injury. D.C. law defines healthcare providers broadly and includes physicians, hospitals, nurses, pharmacies, treatment facilities, and other licensed healthcare practitioners.

What Is Informed Consent?

Informed consent concerns whether a patient received material information about a proposed treatment, including significant risks and alternatives, before deciding whether to proceed. A lack-of-informed-consent claim may arise when a material risk was not disclosed, the risk occurred, and the patient would not have agreed to the procedure if properly informed.

What Are the Steps in a Medical Malpractice Lawsuit in Washington, D.C.?

A case typically begins with gathering records and investigating whether the medical care and resulting harm support a claim; before filing suit, D.C. law generally requires at least 90 days’ notice to the intended defendant. Once a lawsuit is filed, D.C. law requires court-directed mediation before further litigation proceeds.

How Long Does a Medical Malpractice Case Take?

There is no single timeline because the duration depends on the medical issues, number of parties, records, motions, settlement discussions, and whether a trial is necessary. In D.C., the required pre-suit notice period and post-filing mediation are also part of the process.

What Types of Damages May Be Available in a Medical Malpractice Claim?

Compensatory damages may address losses caused by the malpractice, including physical injury, emotional distress, medical expenses, lost income, and other proven losses, depending on the circumstances. The nature and amount of recoverable damages depend on the evidence and the injuries attributable to the defendant’s conduct.

How Do I Know if I May Have a Medical Malpractice Case?

A poor outcome alone does not establish medical malpractice. A viable claim generally requires evidence of the applicable standard of care, a departure from that standard, and a causal connection between the departure and the patient’s injury.

What Should I Do if I Suspect Medical Malpractice?

Obtain appropriate medical care first, then preserve records and information related to what happened. Consider gathering medical records, test results, imaging, medication information, discharge instructions, bills, correspondence, and a timeline of treatment, and speak with a medical malpractice attorney promptly because filing deadlines may apply.

How Long Do I Have to File a Medical Malpractice Lawsuit in Washington, D.C.?

D.C. generally applies a three-year limitations period to medical negligence claims, but determining when that period begins can depend on when the injury and its possible cause were or reasonably should have been discovered. Because accrual rules and other circumstances can affect the deadline, the specific facts should be reviewed as early as possible.

What Is the 90-Day Medical Malpractice Notice Requirement in Washington, D.C.?

A person intending to file a medical malpractice action in D.C. generally must notify the intended defendant at least 90 days before filing the lawsuit. The notice must provide enough information to identify the legal basis of the claim and the type and extent of the alleged loss; special timing rules can apply when notice is served near the end of the limitations period.

Can a Medical Malpractice Claim Be Filed Against a Hospital as Well as a Doctor?

Potential defendants depend on who was involved and whose conduct contributed to the injury. D.C.’s statutory definition of a healthcare provider includes hospitals, physicians, nurses and other practitioners, pharmacies, and several types of healthcare facilities.

What Evidence Can Be Important in a Medical Malpractice Case?

The evidence needed depends on the treatment and alleged error, but useful materials may include:

• Medical charts and treatment notes
• Laboratory and pathology reports
• Imaging studies and reports
• Medication and prescription records
• Consent forms
• Discharge and follow-up instructions
• Medical bills and insurance records
• Documentation of lost income and other claimed losses

Federal privacy rules generally give patients access to a broad range of medical, billing, laboratory, imaging, and related health records maintained in covered record systems.

Can I Obtain My Medical Records Before Contacting a Lawyer?

Yes. With limited exceptions, HIPAA gives patients the right to inspect or obtain copies of health information maintained in designated record sets, including medical records, billing records, laboratory reports, imaging, and many other treatment-related materials.

A patient may also ask that inaccurate or incomplete information in a medical or billing record be corrected, although the provider may disagree with the requested amendment.

Can a Medical Malpractice Case Settle Without Going to Trial?

Yes. Medical malpractice claims may resolve through settlement rather than trial, and D.C. law specifically requires mediation after a medical malpractice lawsuit is filed in an effort to reach a settlement.

Whether settlement is appropriate depends on the evidence, disputed issues, claimed damages, and the positions of the parties.

Will Medical Testimony Be Needed to Prove a Malpractice Claim?

Medical malpractice cases commonly require qualified medical testimony to establish the applicable standard of care, whether it was breached, and whether the breach caused the injury. D.C. appellate decisions recognize these elements as central to proving medical negligence.

Can a Family Bring a Claim if Medical Malpractice Caused a Patient’s Death?

D.C. law permits a wrongful death action when a wrongful act or neglect causes a death under circumstances that would have supported a claim had the person survived. A D.C. wrongful death action is brought by the deceased person’s personal representative and generally must be filed within two years after the death.

Visit Our Medical Malpractice Law Offices